Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
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The statutory residence test<br />
Second automatic overseas test<br />
1.6 You were resident in the UK for none of the three tax years preceding the<br />
tax year, and you spend fewer than 46 days in the UK in the tax year.<br />
Third automatic overseas test<br />
1.7 You work full-time overseas over the tax year, without any significant<br />
breaks during the tax year from overseas work, and:<br />
<br />
<br />
you spend fewer than 91 days in the UK in the tax year,<br />
the number of days in the tax year on which you work for more than<br />
three hours in the UK is less than 31.<br />
Paragraph 1.10 explains how to calculate whether you have worked sufficient<br />
hours overseas to count as full-time work overseas.<br />
1.8 The third automatic overseas test does not apply to you if:<br />
<br />
<br />
you have a relevant job on board a vehicle, aircraft or ship at any time<br />
in the relevant tax year, and<br />
at least six of the trips you make in that year as part of that job are<br />
cross-border trips that:<br />
begin in the UK<br />
end in the UK, or<br />
begin and end in the UK.<br />
1.9 If you do not meet any of the automatic overseas tests, you should look at<br />
the automatic UK tests. If you meet any of the automatic UK tests you are<br />
resident in the UK for the tax year. If you do not meet any of the automatic UK<br />
tests you will need to consider the sufficient ties test.<br />
For the application of the automatic overseas tests to deceased individuals,<br />
please see Section 4.<br />
Do you work full-time overseas?<br />
1.10 You will be considered to work full-time overseas if you work for sufficient<br />
hours overseas as calculated over the tax year in the case of the third<br />
automatic overseas test, or other relevant period in the case of split year<br />
Cases 1 or 6. To calculate if you work sufficient hours overseas, take the<br />
following steps (for deceased persons follow the steps given at paragraph<br />
4.4):<br />
Step 1<br />
Identify any ‘disregarded days’: these are any days in the tax year, or the<br />
relevant period in the case of split years, on which you work for more than<br />
three hours in the UK, including those days when you also do some work<br />
overseas on the same day.<br />
RDR3 10